Man sues Mesa police officers who confused illness with being under the influence

Mesa police arrested Michael Wesley on suspicion of DUI. What police and Wesley didn't know was that he has a rare neurological disorder.
William Flannigan, azcentral

Michael Wesley’s lawsuit against the city of Mesa and the six officers who participated in his arrest alleges they used excessive force and inflicted emotional and physical pain on him.(Photo: Cheryl Evans/The Republic)

It's possible that 41-year-old Michael Wesley had been living with a degenerative disease for years before diagnosis. But there was no urgency to see a doctor to help explain his sometimes erratic behavior. After all, he had a college degree and an accounting job that paid well.

A mistaken DUI arrest in Mesa on his 40th birthday pushed him to put a name to the physical, involuntary movements he'd been experiencing.

He was soon diagnosed with Huntington's disease, an incurable, inherited disorder that breaks down the nerve cells in the brain, deteriorating a person's mental and physical functions. Symptoms include personality changes, mood swings, impaired judgment, slurred speech and involuntary movements.

Eventually, the DUI charge against him was dropped; his blood test came back clean. But a lawsuit he filed in Maricopa County Superior Court in October claims some remnants of the arrest haven't gone away.

The lawsuit against the city of Mesa and the six officers who participated in Wesley's arrest alleges they used excessive force and inflicted emotional and physical pain on him. It seeks damages up to $300,000.

J. Scott Halverson, Wesley's attorney, said his client's condition has worsened since the arrest.

In court documents filed this week, a lawyer for the city denies the officers did anything wrong.

Besides being the latest allegation of excessive force against the Mesa Police Department, the lawsuit highlights some challenges police face when encountering community members with mental or physical disabilities.

'Hyper' and 'talking very fast'

On Dec. 11, 2017, Wesley drove to a nearby Denny's restaurant, where he got a free dinner for his birthday. On his way back home, Officer Jacob Shumway pulled Wesley over because only one of his headlights was working, the police report says.

"Michael seemed to b(e) hyper, repeatedly waving his arms, and talking very fast," Shumway wrote in his report. "I asked if he had any mental or physical disabilities, and he said he does not. I asked if he had consumed any alcohol or drugs recently, and he said he has not."

Shumway suspected Wesley may have been intoxicated or under the influence of drugs, and he called for backup.

“"Michael seemed to b(e) hyper, repeatedly waving his arms, and talking very fast. I asked if he had any mental or physical disabilities, and he said he does not. I asked if he had consumed any alcohol or drugs recently, and he said he has not.”

Mesa police Officer Jacob Shumway

Police video of the traffic stop shows that Shumway told Officer Kenneth Warren, a drug-recognition expert with the department, that Wesley showed no signs of intoxication but may have a "mental disability."

The video shows Wesley acting erratically, yelling and slurring his speech. He insists he didn't drink any alcohol or do drugs. He says he doesn't have a mental or physical disability.

"I noticed that his face slightly reddened," Warren wrote in his report. "Wesley had an angry expression about his face. Wesley's eyes were bloodshot and watery. Wesley also had reddened conjunctiva in both of his eyes. Wesley had a dried white colored foam around his mouth."

Warren described Wesley's behavior as defensive, agitated, hostile, confrontational, cyclical and volatile. When asked to take a field sobriety test, Wesley declines and blows toward the officers, telling him to smell his breath, the video shows.

Eventually, at least four officers surround Wesley and grab his arms to handcuff him. Wesley struggles and screams, saying he is in pain.

"I want to die," he yells at one point.

After a blood draw at the station, police drove Wesley home, because he didn't have someone to pick him up or money for a ride.

Since, Wesley's "condition has deteriorated tremendously," Halverson said in an email. "I am currently looking for an expert who can determine whether or not this traumatic incident has caused the rapid deterioration regarding his symptoms."

Response: No police negligence

In response to the lawsuit, Assistant City Attorney Sarah M. Staudinger denies the officers did anything wrong, saying they used reasonable force and they were not negligent. Any injuries or damages Wesley may have suffered were the result of his "own negligence," she wrote in the court document filed Jan. 2.

Mesa police said their officers are trained to "keenly observe" anyone they come in contact with for any possible medical conditions a person may have.

"Our officers are trained to look for signs such as a medical alert bracelet, or other indications that a person may be suffering from a medical episode and will ask the person if they have a medical issue to which they need assistance," Mesa police spokeswoman Irene Mahoney said. "If there is no indication of a medical issue, officers will call for a Drug Recognition Expert to help them assess any possible drug impairment."

In this case, Wesley said he didn't any medical conditions, she said.

Identifying disabilities

Phil Pangrazio is president and CEO of Ability 360, an organization advocating for independence for individuals with disabilities. His group has trained police departments across Maricopa County on how officers should interact with people who have mental and physical disabilities.

“From someone who has been living with a disability for a long time, it’s true that the police do need more training on recognizing someone with a disability.”

Phil Pangrazio, president and CEO of Ability 360

"From someone who has been living with a disability for a long time, it’s true that the police do need more training on recognizing someone with a disability," Pangrazio said.

Nevertheless, he said, police departments resources can be scarce, and they may not be able to address everything the community demands of them.

“There’s a lot of interest groups who want police trained with people of color, in dealing with the elderly, in dealing with people disabilities, in dealing with teenagers," he said. "They get a lot of requests of, 'You need to incorporate this in your training, and you need to incorporate that in your training,' but the bottom line is that their training focus is protecting the public.”

A Huntington's diagnosis

Mickey Oliver, Wesley's uncle, recently spoke with a Republic reporter on his nephew's behalf this week. Oliver said his nephew showed some symptoms of the disease growing up — Wesley's father had Huntington's disease — but the arrest pushed Wesley to go to a doctor.

The disease was first described by George Huntington in 1872. There's no treatment for it, and the symptoms for the hereditary disease start to develop between the ages of 30 and 50, until it kills the person.

“With the arrest, Mike (Wesley) has changed. He was so traumatized, that it accelerated his disease," the uncle said. “In his mind, he doesn’t want to recognize that anything is wrong.”

Mickey Oliver, Michael Wesley's uncle

Before the arrest, Wesley was able to maintain a conversation. Since the arrest, his behavior has been more erratic and his conversations have become incoherent, Oliver said.

"Growing up, I would describe him as an absent-minded professor," he said. "As time went on, he made strange hand movements. But he was functional and he would snap out of it, and he would be normal Mike."

Before the arrest, his family suspected that Wesley may have the disease because his father suffers from it, the uncle said.

Oliver said his own suspicions grew when Wesley was fired from his accounting job a couple of years ago. Wesley's writing skills got so bad that his employer had asked him to take an English grammar class.

Wesley has been living off his 401(k), but his family hopes he can qualify for disability benefits before his money runs out, Oliver said.

Wesley grew up in Chicago before moving to the Phoenix area to attend Arizona State University, where he graduated with a bachelor's in accounting at age 22. He lives alone with his dog, Wrigley, a Maltese shih tzu-mix named after the Chicago Cubs' field.

“With the arrest, Mike (Wesley) has changed. He was so traumatized, that it accelerated his disease," the uncle said. “In his mind, he doesn’t want to recognize that anything is wrong.”